LEGAL HEIR CERTIFICATE
1) As per the Indian Constitution, in case of the death of a person, a legal heir certificate is a document that helps in ascertaining who is next to take his/her assets and properties.
2) It includes details like the name, age, the relationship of the legal heirs to the deceased.
3) A legal heir, in simple words is a surviving family member.
Deceased person spouse
Deceased person daughter
Deceased person son
Deceased person father
Deceased person mother
4) Legal Heir Certificate used to claim their right over the deceased person’s properties and dues.
5) Legal Heir Certificate is used for,
Transfer of properties.
Insurance Claims.
Claims for pension
Retirement schemes
Claims for any Central and State Government schemes.
Required to get employment on the basis of compassionate appointments.
6) After obtaining a death certificate from the municipality/corporation, it is required that the successors need to apply for this legal heir certificate.
7) Lawyers helps in the draft and register legal heir certificate. It's an important document to establish a relationship between the deceased and legal heirs.
Application form of a legal heir certificate.
Identity proof such an Aadhar Card, Voter ID, Passport, Driving Licence, Any Government Issued ID cards.
Address proof such as valid identity proof, mobile bill, gas bill, bank passbook with the name and address of the deceased.
Self undertakings affidavit.
Deceased person death certificate.
Date of birth proof related to legal heirs such as
Birth certificate,
Aadhar Card,
PAN card,
Voter Id card
Passport, etc
9) When the spouse applies for legal heir certificate
If the spouse survives,
Aadhaar Card,
Marriage Registration certificate,
Passport,
Voter ID
Birth certificate of all Children
Self-declaration of the spouse which is indicating all other legal heirs (It includes Mother-in-law if the wife is the applicant)
10) When a child applies for legal heir certificate
Death Certificate of the parents,
Birth certificate,
Aadhar card of legal heirs.
11) Procedure to get legal heir certificate in Karnataka
In order to get Legal heir certificate in Karnataka, the applicant needs to attend the respective Taluk, Nadakacheri office in whose jurisdiction the candidate usually resides.
Submit a written form alongside required documents to the authority.
Authorities after checking the attached documents and details submitted, will make entries and supply you record number for reference. an equivalent is going to be sent to your registered mobile number for future reference.
The application is going to be verified by the Village Administrative Officer (VAO) and Revenue Inspector (RI).
After giving application they will do the ground-level verification and scrutiny of the documents and details provided.
Once the verification is over, these officials will submit their report back to the Thaasildhaar.
Thaasildhaar will plan to issue the Legal heir Certificate to the applicant with the names of all legal heirs of the deceased.
The applicant will get the certificate in 15 to 30 days after due verification.
12) Difference between Legal Heir Certificate and Succession Certificate
A legal heir certificate is provided to distinguish the living beneficiaries of a deceased individual but a succession certificate is provided to build up the credibility of the beneficiaries and give them the right to acquire debts, assets and different resources of the deceased.
A Legal heir certificate is obtained Through Tehsildar or Taluk Office. Succession certificate obtained Through Civil Court and High Court
A Legal heir certificate can be obtained within 30 days. Succession certificate can be obtained within 7 to 8 months
A Legal heir certificate helps in identifying the living heirs and getting the relevant pension or tax benefits. Succession certificate helps in identifying rightful legal heirs in property transfer matters
A Legal heir certificate fees Stamp duty of Rs. 2 and Rs. 20 on Affidavit. Succession certificate fees are a certain percentage of the value of the property.